Understanding how to win against foreclosure claims

Here is an exercise that enables readers to teach themselves the substance, tactics and strategies that can and will produce verdicts and judgments for homeowners —- if the tactics and strategies are applied in a timely and proper manner. This is how I do it when I win.

Get paper and pencil and get together with family and friends who are sharing this experience with you.

Brainstorm all of the things that must be true if the claim against you is real. Do NOT use this session as an open mike to imagine defense strategies that you know nothing about. List the things that have been said, and then create a sublist that describes all of the events and transactions that must have occurred in order for that to be true.

Start with what you believe is the debt, the underlying obligation, the note and the mortgage. What MUST be true if the claim is real?

The first strategy is to refuse to admit anything said against your interest. You either deny such allegations in judicial actions, or you attack such implied allegations in nonjudicial actions.

Next, you start asking questions about what evidence the opposing lawyer can produce that he or his “client” has that supports the truth of the matter asserted as you have outlined it in this exercise.

Next, when they offer evasive answers to simple questions in discovery, ask a lawyer about motions for sanctions, motions to compel, motions in limine, evidentiary sanctions, economic sanctions, and motions in limine.